Wills and Pour-Over Wills: Although you can circumvent Probate by having a Living Trust rather than a will, it is still imperative to have a document called a Pour-Over Will prepared along with your living Trust. This is to ensure that the assets which are inadvertently not transferred into the Trust during your lifetime, become part of the Trust's assets when you pass away. For example, you might have set up a Living Trust, but forgot to title a Charles Schwab Account with $400,000 as a Trust Asset. If you have a Pou-Over Will which states that you intend all of your assets to become part of the Trust, it should be relatively seamless to title the Schwab Account as part of the Trust upon your death. Please note that there are also rare occasions when it makes sense to have a Will rather than a Trust, such as when court oversight is desirable to make determinations regarding legal and equitable ownership of certain assets .